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HomeMy WebLinkAboutReso 1971-5897~F;;rzm lvt~•. 34~ " Rev-~1-69 RESOLUTION N0~ 5897 RESOL,UTON OF THE CITY COUNCIL OF THE CITY G~ :;;HULFi VISTA, APPROVING AGREEMENT BETWEEN TFTE CITY OF ~;HJL.;~. VISTA AND JAMES J. AND NADA M. EISCHEN, HUSBAND AND WIFE, FOR CONNECTION TO SEWER MAIN FOR PROPERTY LOCATED AT 460 VISTA DEL RANCHO PRIOR TO ANNEXATION TO SAID CITY AND Az,1THORI ~ IN;, THE MAYOR TG EXECUT`E' SAID AGREEMF'~~T The City Council of the City of Chuls V_~sta d~„e_ ~s~ueby r~so:-~~e as follows NOW, 'T'HEREFORE, BE IT RESOLVED treat that c.eer.=_~in agt-F~m~r;r ~:.-~twe:era THE CITY GF CHLTLA VISTA, a municipal ~~~xporat~or~, and JAMES J. and NADA M. EISCHEN, husband and wife, for connection to the sewer main in Vista del Rancho for the property located at 460 Vista del Rancho prior to the annexation of said property to the City of Chula Vista, ~,r~t~d the 5th day of January , ~t9 71 ~; -"apY of ~.!;~ ,.-}; c aittached hereto axed incorporated herein., the ~am~ as ,hough -~ x ~- ~~~* forth herein be, and the same is hereby approved, BE IT F'[JRTHER RESOLVED that t:he Mayer ~~f the City ~ .h~~ ; ~~ ~'~ s,~~. ire, and he ~s hereby authorized and. dI ~ected t;~ exe+~u:.~- ~d. .~g.reem~~*:nt fur and n behalf of the City of Chula. v-i `r a , ~r ~,~Ad~~=ed by Approved as * ~ r o~: ~r b,,, ;~' ~_.. r....~ Lane F. Cole, Director of Public George~D.-Lindberg, City Attorney Works ADOPTED AND APPRO"VED by the CITY COIJNC3L. of trig ie.a.T~ ;~;F• H 1. =} ~IIS'TA, CALIFORNIA, this 5th day of January ~~71 ~y ` ~: ~~~~.u~wing vote, to-wit: _._ _~_ A`s F`S : Counci Zmen Scott, Hobel, Hamilton, Hyde, Egdahl NAPES : Counci..lmen None A~iSE'NT: Councilmen None x~T~~=~~~ ~~ ~~ .pity Clerk `I'=z'T'F O~ CALIFORNIA ~,.^~.iN`Pr' OF SAN DIEGO ~ ss m i ~'Y 0F~" CHULA ~TIST.A. r ,; , ~ ~ ayor ~~ ~.r.~ ~ 4~ :~r ~~ .. F. ~ `j i ~. ~ --; 1, , City Cleric. ;;~~ tree Cie r.y ~~ t:.~. ~ ~ _ ~a, California, DO HEREBY CERTIFY that the abo~%e ~ s u ; ~a ~ . , °= t nol?Y of Reso E.ut~.on No. , and tha± *_t-~e ~;a~:~e `~ -~~ _ . =,m~~r~~.ed or repealed, DATED ,~ _ _ City C1er SEWER CONNECTION AGREEMENT THIS AGREEMENT, made and entered into this 5th day of January , 1971 , by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and JAMES J. and NADA M. EISCHEN, husband and wife, hereinafter called "Owners'°; W I T N E S S E T H WHEREAS, James J. and Nada M. Eischen, the owners of that certain property located at 460 Vista del Rancho Road, are presently proceeding with the annexation of said property, more particularly described as: Lot 6 of Palm Gardens, according to Map thereof No. 4655 filed in the office of the County Recorder of San Diego County, November 1, 1960; and WHEREAS, Owners desire to install and connect necessary sewer laterals to the existing sewer main located in Vista del Rancho Road in the City of Chula Vista, and WHEREAS, Owners desire to make said connection prior to the completion of the annexation of said premises to the City of Chula Vista because of the existence of a clear and present health problem relating to the inadequate and defective condition of their private sewage disposal system, and WHEREAS, the City of Chula Vista is agreeable to permitting said connection to the sewer system prior to the completion of said annexation, subject to the terms and conditions set forth in this agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. City agrees to allow Owners to immediately connect to the sewer main located in Vista del Rancho in the City of Chula Vista. 2. Owners agree to secure the necessary permits required by the City Code and to pay all appropriate sewer connection fees and sewer lateral installation charges, and all work performed by Owners on the portion of the sewer lateral located on private property shall be performed in accordance with the standards of the City and subject to inspection by the Building Department of the City of Chula Vista. 3. It is further mutually understood and agreed that if, for any reason whatsoever, said premises are not annexed to the City of Chula Vista on or before the 1st day of April, 1971, said sewer connection will be removed and sewage from said premises will no longer be permitted to flow into the sewer main in Vista del Rancho. 4. It is further agreed that City shall, at its option, at any time subsequent to said date of April 1, 1971, institute the work required to perform the disconnection of said sewer hook-up upon ninety (90) days notice to Owners, if the property has not been annexed and Owners have not disconnected said sewer hook-up. -1- ~ss9~ 5. Owners further agree to pay in full the cost of said disconnection if it is required pursuant to the terms of this agreement. Said cost of disconnection shall be determined by the Director of Public Works of the City of Chula Vista and shall be due and payable at the time of said disconnection. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA OWNERS: Mayor of the City of Chula Vista J es J. E schen, D.D. ., M.S. ATTEST ~°--~~ . City Clerk Nada M. Eischen Approved as to form by _,. ~`~ ,~ ~~ , i ~ eorge Lindberg, City Atto y Attach Notary Acknowledgment here. ` to aa~ c l d d O ivi ) (In ua I STATE OF CALIFORNIA Ss. San Diego COUNTY OF On January 4, 1971 before me, the undersigned, a Notary Public in and for said State, personally appeared w W James J. Eischen, DDS, and Nada M. Eischen , x w ,known to me a to he the person S whose names subscribed ~° ~ ~ ''° "~~-~ m to the within instrument and acknowledged that they ~ /~ . ~ f executed the same. '` "' ` ~~ WITNESS my hand and of&cial seal. _ \ r ~ u~j~il? 'V / ~ r ~ : ? I ~.,.~„ ,f ^ , Signature ...imi, I Fri --c i it ~. Io,~J ~ Marjorie S Townsend 276 Guava hue., Chula Visia, Caiif. 92010 Name (Typed or Printed) (This area for official notarial seal) -2- _~~~~